The Michigan Environmental Protection Act of 1970, 1 ELR 43001, Act 127, P.A. 1970, Mich. Comp. Laws Ann. §§691.1201 et seq.

As of October 1, 1970, environmental degradation of all kinds in the state of Michigan has been subject to privately initiated civil actions under a simple statute that may well provide a model for legislation in other states. A similar bill has been introduced in the United States Senate and hearings commenced on May 12, 1970. ER Current Developments 46-47, 80, 275-76, 423.

Originally authored by Prof. Joseph Sax of the University of Michigan Law School, the act assumes, without specifically declaring, a public trust covering all natural resources and establishes a right of suit for declaratory or equitable relief to protect the corpus of that trust. The act provides that upon a prima facie showing that defendant's conduct has or is likely to degrade "air, water or other natural resources," the defendant must establish that no feasible and prudent alternative to defendant's proposed action exists and also that defendant's conduct is "consistent" with the promotion of public health and welfare in light of the state's "paramount" concern with the maintenance of the natural environment. Significantly, the act extends the right to maintain such a suit to any public or private "legal entity" against any other public or private legal entity or part thereof. (See discussion of Roberts v. Michigan, infra.)